Allahabad HC Refuses to Quash Attempt to Murder Case Based on Compromise Between Victim and Accused
The Allahabad High Court recently made a crucial decision, refusing to dismiss an attempted murder case based on a compromise between the victim and the accused.
In doing so, the bench of Justice JJ Munir recognized the vital role the state plays in prosecuting offenses against society and refused to permit a compromise that could abdicate this responsibility.
The evidence in the case is stark. A medico-legal report reveals that the victim sustained a gunshot wound to their neck, a vital part of the body. The report also revealed blackening in a 12cm x 12 cm area and evidence of metallic material lodged in the temporomandibular joint from the gunshots. Thus, the court observed, there is no doubt that the accused intended to kill.
The accused had sought to dismiss the case, arguing that the matter had been compromised between the parties and there was no possibility of conviction.
The court, however, noted that the injuries sustained were severe and that the weapons used were lethal.
The court referred to Narinder Singh and others v. State of Punjab and another, (2014) 6 SCC 466, that stated that a court should not accept settlements where there was a strong possibility of proving the charge under Section 307 IPC.
In light of this, the application was rejected. The decision underscores the significance of the state’s role in protecting society and prosecuting offenses, even in circumstances where there is a desire for settlement between parties.